Whichever domestic violence offence you’re charged with, it can feel like your whole life is under a microscope. The Strategic Criminal Defence team in Toronto, led by Dylan Finlay, brings care and discretion to cases. This is supported by:
- Experience of more than 1,000 criminal cases.
- 25 years of combined criminal defence service in the Toronto area.
- Over 120 five-star Google reviews.
- 24/7 availability.
Contact us before you speak to the police or try to patch things up with the person who made the complaint.
Accused of domestic violence? Here’s what to do right now
Before doing anything else, protect yourself by:
- Staying silent. Do not try to explain your actions to the police or make a statement. They are looking for evidence to arrest and charge you.
- Not contacting the person who complained about you. Apologizing or trying to explain yourself to the complainant can damage your case.
- Asking to speak to a lawyer. Rather than answering police questions, ask to speak to a lawyer, as is your right. Follow your lawyer’s advice closely.
These steps should be your priority.
Contact us for a free, no-obligation consultation.
What counts as domestic violence in Canada?
Domestic violence is not one specific charge in Canada. It is a label the Crown uses. It applies when the accused and the alleged victim are in an intimate or family relationship, such as spouses or intimate partners. The actual charge is usually one of the following.
| UNDERLYING CHARGE | WHAT IT MEANS |
|---|---|
| Assault (s.266 - 268) | Applying force, or threatening to, without consent, ranging from no injury to serious harm. |
| Assault by choking (s.267(c)) | Choking, suffocating, or strangling someone during an assault, added as its own category due to how strongly it signals escalating violence. |
| Criminal harassment (s.264) | Repeated conduct that causes someone to reasonably fear for their safety. |
| Uttering threats (s.264.1) | Threatening to kill, harm, or damage the property of the alleged victim or someone close to them. |
What could happen to you if you’re convicted of domestic violence?
Ontario follows a zero-tolerance policy for domestic violence cases. Police must lay a charge if they have reasonable grounds. This applies even if the alleged victim does not want that.
Assault is the most common domestic violence charge. It happens when someone:
- Uses force on another person without their permission,
- Tries or threatens to use force, or
- Approaches or blocks another person while openly carrying a weapon or an imitation of one.
Simple assault is a hybrid crime, which means the Crown can choose to charge the person by indictment or summarily:
- If common assault is prosecuted by indictment, you could spend up to five years in prison.
- If convicted of a summary prosecution, you could go to jail for up to two years and/or pay a fine of up to $5,000.
- Using weapons or choking makes sentences a lot longer.
An assault conviction will mean a criminal record. The same applies to other domestic violence charges, such as criminal harassment or uttering threats. A criminal record can cause long-term problems with employment, immigration, travel, etc.
How can we help you?
It’s best to involve us early in domestic violence cases, if possible, even before a charge is formally laid. Pre-charge legal advice can prevent you from making your situation worse and can sometimes help resolve the matter without criminal charges.
Securing your release
If charges are laid and the accused is not released by the police, they are usually held at the Toronto South Detention Centre. Women go to the Vanier Centre for Women in Milton.
We can work to secure your release at the bail hearing at the Toronto Regional Bail Centre on Finch Avenue West. You may face some conditions while your case is ongoing, such as:
- Regular reporting to a bail supervisor.
- No contact with the alleged victim, even if you live together.
- A requirement to move out of a shared home.
- A weapons prohibition.
- Limits on your access to your children, until a family court sorts this out separately.
You must follow your release conditions exactly, even if the other person invites you back or wants to talk. Acting on an invitation can still count as a breach, and it can add a new charge on top of the original one.
Building your defence
We closely review the Crown’s evidence from the disclosure package, including any inconsistencies in the account of events. From there, we begin gathering evidence, such as text messages, call logs, and witness statements, to support your version of events.
We can also help you understand any programs that may resolve your case without a conviction.
Will your case go to trial?
If your case goes to trial, domestic violence cases are usually heard at the Ontario Court of Justice on Armoury Street.
Some cases also involve a family court matter, such as custody or separation. These may qualify for a special court. It is called the Integrated Domestic Violence Court, at 311 Jarvis Street. One judge hears both matters together.
If there is an opportunity to negotiate a resolution without a criminal record, we will speak with the prosecution. In some cases, the Crown may drop the charge outright due to weak evidence, credibility problems, or a Charter breach.
Some other options may include:
- Partner Assault Response (PAR) program. If you finish this counselling program, the Crown will often agree to withdraw the charge.
- Peace bond. You agree to keep the peace for a set period. In exchange, the Crown withdraws the charge without a guilty plea.
- A discharge. If you plead guilty, a judge may still grant a discharge in some cases. This avoids a criminal record, but it isn’t available for every offence.
What defences can we use against domestic violence charges?
Domestic violence charges depend heavily on the specific facts of the case. Common defences include:
- Self-defence. If you used reasonable force to protect yourself, this can be a full defence.
- Credibility and inconsistency. Many of these cases come down to one person’s account against another. Inconsistencies in the evidence can matter a great deal.
- A Charter breach. Evidence gathered improperly, or a statement taken the wrong way, can lead to a reduced or dismissed charge.
- Lack of intent. The Crown must prove the conduct was intentional, not accidental.
Testimonials
While past results do not guarantee future outcomes, here’s what some of our recent clients have said about us:
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